Lucie Barnes

Oct 26, 2023 | lexology.com | Lucie Barnes |Martin Sloan |Duncan MacLean

Operative electronic communications infrastructure right across the UK is essential for a digital economy that is modern, functioning and connected. In more recent years, how that infrastructure can be secured and protected from nefarious external players, is a key challenge for government, one which it has been seeking to address with legislative change.

Aug 31, 2023 | lexology.com | Scott Logan |Lucie Barnes

The Court of Appeal's judgment in Potting Shed Bar and Gardens Ltd (formerly Gencomp (No. 7) Ltd) v AP Wireless II (UK) Ltd [2023] EWCA Civ 825 is the latest to provide clarification on the interpretation of the Electronic Communications Code adopting a purposive approach to construe that a party to a new Code agreement need not be an original contracting party and, in doing so, closing another loophole in the Code.

Aug 31, 2023 | lexology.com | Lucie Barnes |Leonie Hall

Under the Electronic Communications Code, an operator is entitled to acquire rights over land to install a telecoms mast or equipment. However, a Code agreement will not be imposed on a landowner where (amongst other things) that landowner intends to redevelop all or part of the land, or neighbouring land, and could not reasonably do so if an agreement is imposed.